细化缓刑适用条件的若干思考——《刑法修正案(八)》对缓刑适用条件的修改及其展开

On Further Elaborating the Conditions of Suspension of Sentence——The Amending to the Conditions of Suspension of Sentence in Criminal Law Amendment(Ⅷ) and the Spread

《刑法修正案(八)》对缓刑适用条件作了一定程度的细化,但还存在一些问题,包括没有对缓刑的裁量适用条件进行类型化、缓刑的强制适用条件过于绝对化、缓刑的禁止适用条件范围太小、没有规定适用缓刑的程序条件等。因此,刑法应对缓刑适用条件作进一步细化,以类型化的方式补充缓刑的裁量适用条件,完善缓刑的强制适用条件的规定方式,扩大缓刑的禁止适用条件的范围,增设缓刑适用的程序条件。

The suitable condition of suspension of sentence was further elaborated in Criminal Law Amendment（Ⅷ）. But there are many issues which still have not mentioned in it, such as, the suitable conditions of the discretion of suspension of sentence has not been in stereotype research, and the criminal coercive in the suitable conditions of suspension of sentence was pushed to the ex- treme, in addition, it was not lay down the procedure standardization in suspension of sentence. So this article holds that the suitable conditions of suspension of sentence should be further elaborated in criminal law, and the suitable conditions of suspension of sentence should be supplement in stereo- type research, the specified fashion of compelled suitable conditions of the discretion of suspension of sentence should be improved, the scope of prohibition in suitable conditions of suspension of sen- tence should be expanded, further more, the procedure conditions in suspension of sentenee should be added.